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Zoning Board of Adjustments /

building and standards commission

Regular Session Agenda

September 1, 2011

6:00 PM

Johnnie Arolfo Civic Center

400 West Walker Street

 

 

 

 

 

 

 

 

 

 

 

 

 

I.                   Call to order and Roll call of members

II.                Approval of Minutes

A.     August 4, 2011

III.             The Swearing in of Speakers and Witnesses

IV.             Old Business

A.     Receive staff status report on ZBA11-06 (Riviera Wall), on property legally described as Promenade Easement, of Riviera, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 285, of the map records of Galveston County, Texas. The Board/Commission reserves the right to discuss any legal issues in executive session with attorney as deemed appropriate.

V.                Executive (CLOSED) Session

A.    Texas Open Meetings Act, Section 551.071 Government Code – Legal Issues Consult with the City Attorney to receive legal advice on legal issues relating to the Zoning Board of Adjustments pursuant to Section 551.071 of the Texas Local Government Code.

VI.             Adjournment

 

CERTIFICATE

 

THIS IS TO CERTIFY THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 26TH DAY OF AUGUST, 2011 BY 6 PM, AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS OPEN MEETINGS ACT).  ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT. THE BOARD RESERVES THE RIGHT TO HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE, SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT JUSTIFIES EXECUTIVE SESSION TREATMENT.

 

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.  BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72 HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

 

 

 

__________________________________________                                              __________________________________________               

MARK LINENSCHMIDT, AICP                                                                   OSCAR AREVALO, CBO

SENIOR PLANNER                                                                                          BUILDING OFFICIAL

 

 

 

MINUTES

CITY OF LEAGUE CITY

ZONING BOARD OF ADJUSTMENTS/

BUILDING AND STANDARDS COMMISSION

REGULAR MEETING

THURSDAY September 01, 2011 at 6:00 P.M.

Johnny Arolfo Civic Center

200 WEST WALKER

*************************************************************

I.       Call to order and Roll call of members

 

Mr. Christiansen called the meeting to order at 6:09 p.m.

 

Members present:                                                       *Members absent:

James R. Christiansen, Chair                                      

Amy Beasley                                                              

Richard Stephenson

Elaine Kosty                                          

Janet Alleman, Alternate 1

Vaness Hamilton, Alternate 2                                     

                     

Ms. Hamilton was activated as a voting member until Ms. Alleman’s arrival at 6:30 p.m.  

 

City Representatives:

Mark Linenschmidt, Senior Planner

Oscar Arevalo, Building Official

R.J. Davidson, Building Inspector

Steve Weathered, City Attorney

Susan Wologo, Recording Secretary

 

II.    Approval of Minutes

 

A.     August 04, 2011

 

Ms. Beasley made a motion to approve the minutes of August 04, 2011.

Mr. Stephenson seconded the motion.

The motion passed with a vote of 4-0-0 with Ms. Hamilton abstaining.

 

III. Swearing in of Witnesses

 

Mr. Christiansen advised he would proceed to item IV since there would be no Witnesses or Speakers at this meeting.

 

IV. Old Business

A.     Receive staff status report on ZBA11-06 (Riviera Wall), on property legally described as Promenade Easement, of Riviera, a subdivision in League City, Galveston County, Texas, according to the map or plat thereof recorded in Volume 18, Page 285, of the map records of Galveston County, Texas. The Board/Commission reserves the right to discuss any legal issues in executive session with attorney as deemed appropriate.

Mr. Christiansen opened the floor to the City Attorney for comment on this item.

Mr. Weathered stated that as addressed in item III, an earlier agenda item which he prepared stated that there would be no testimony or hearing taken and that the purpose of this item is to receive a brief status report and that any action on this item would be taken at a subsequent meeting.

A discussion was held between Ms. Kosty and City Attorney, Steve Weathered regarding whether or not to allow discussion on the item.  Mr. Weathered advised against a discussion since it was not an agenda item and since the attorneys representing South Shore CMA and Riviera HOA were not present and both attorneys were advised that no testimony would be taken at this meeting.

 

Mr. Arevalo, Building Official, came forward and advised that staff received the engineering report as well as evaluation of the report by the City Engineer.  He recommended going forward and scheduling an action item for the next meeting.

 

Mr. Christiansen called for a motion.

 

Ms. Kosty made a motion for discussion.

 

No second to the motion was received.

 

Ms. Beasley made a motion to schedule a meeting for as early as possible to discuss ZBA11-06 (Rivieria Wall).

 

Ms. Kosty seconded the motion.

 

The Board and staff discussed possible meeting dates.  Staff advised they would coordinate with facilities for an available meeting location as well as poll the commissioners for a possible meeting date.

 

Ms. Beasley amended her motion to have staff coordinate a date and meeting location for a meeting as early as possible.

 

Ms. Kosty seconded the motion.

 

The motion passed unanimously with a vote of 5-0-0.

 

V.       Executive (CLOSED) Session

A.     Texas Open Meetings Act, Section 551.071 Government Code – Legal Issues Consult with the City Attorney to receive legal advice on legal issues relating to the Zoning Board of Adjustments pursuant to Section 551.071 of the Texas Local Government Code.

The Commission entered into Executive (Closed) Session at 6:35pm.

 

The Executive (Closed) Session ended at 8:05pm.

 

VI.      Adjournment

 

 

Ms. Beasley made a motion to adjourn the meeting.

 

Mr. Stephenson seconded the motion.

 

      Mr. Christiansen adjourned the meeting at 8:06 p.m.

 

 

            ___________________________________              ______________________________

Mark Linenschmidt                                          James Christiansen,

Senior Planner                                                             Chair, Zoning Board of Adjustment                       

           

Date minutes approved: ___________________